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    LoyalLoyalJusticeJustice
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    The contrast between laws that advance public policy aims... — Carmelics
    Home/Justice & Punishment
    HistoryEditSee Inverse

    The contrast between laws that advance public policy aims and laws that prohibit wrongful conduct is ill drawn.

    Justice & PunishmentRights & Liberty
    ?Rate how convincing each reason is below to see the overall strength.
    2 reasons for
    1 reason against

    Reasons For

    2 perspectives
    Reason for 1 of 2
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    • 1.Hart and Fuller's debate establishes that legal obligation and moral wrongfulness are conceptually distinct categories that cannot be collapsed without equivocation.
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    • 2.A law generating legal wrongfulness through non-compliance does not retroactively establish the conduct as independently wrongful prior to the law's existence.
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    • 3.The objection conflates legal wrongfulness (violation of a norm) with moral wrongfulness (independent ethical failing), precisely the distinction the claim seeks to preserve.
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    Reason for 2 of 2
    ?
    • 1.Dworkin's distinction between policy arguments (goals for the community) and principle arguments (individual rights) maps directly onto the public policy vs. wrongful conduct contrast.
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    • 2.Laws justified purely by aggregative social goals lack the deontological grounding required to render non-compliance a genuine moral wrong rather than mere legal infraction.
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    • 3.Disparate impact requirements, as Dworkin would analyze them, derive justification from collective welfare calculations, not from any pre-legal duty owed by employers to specific individuals.
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    Reasons Against

    1 perspective
    Reason against
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    • 1.A law such as a disparate impact requirement can both advance a public policy aim (affirmative action) and constitute a justified basis for calling non-compliance wrongful.
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    • 2.Violation of a justified law is wrongful even when the underlying conduct is not independently immoral.
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    Topics

    Justice & PunishmentRights & Liberty

    Connections

    1 topic

    Moral Responsibility1 linked

    Related

    A law generating legal wrongfulness through non-compliance does not retroactivel...A law such as a disparate impact requirement can both advance a public policy ai...Disparate impact requirements, as Dworkin would analyze them, derive justificati...Dworkin's distinction between policy arguments (goals for the community) and pri...
    +4 moreShow less
    Hart and Fuller's debate establishes that legal obligation and moral wrongfulnes...Laws justified purely by aggregative social goals lack the deontological groundi...The objection conflates legal wrongfulness (violation of a norm) with moral wron...Violation of a justified law is wrongful even when the underlying conduct is not...

    Similar

    The criminal law portrays crime not merely as conduct which has been p...76%Conflating the two produces ambiguity about whether Good Samaritan law...73%Violating a justified law is wrongful even if the conduct is not indep...73%It is hard to justify Good Samaritan laws if the harm principle is und...73%

    Source

    AI-extracted1/3 agreementValid
    SEP: equal-opportunity
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    However, the contrast between laws that aim to advance a public policy aim and laws that aim to prohibit or restrict wrongful conduct may be ill drawn. Suppose that disparate impact laws amount to a mild form of affirmative action. The law requires that if an employer can choose among several alternative employment practices, all roughly equally effective in advancing her business aims, she must choose the one that does the most to advance the hiring and promotion of members of protected and und
    Extraction notes

    Validity: Extracted via Max plan + API grounding/validity checks

    Details

    Type
    claim
    Perspectives
    3 (2 for, 1 against)
    Edits
    1 edit